Gann v. Bancroft

Appellate Division of the Supreme Court of New York

Gann v. Bancroft

15 A.D.2d 860, 224 N.Y.S.2d 789, 1962 N.Y. App. Div. LEXIS 11516

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 15, 1962

StatusPublished

This text of 15 A.D.2d 860 (Gann v. Bancroft) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gann v. Bancroft, 15 A.D.2d 860, 224 N.Y.S.2d 789, 1962 N.Y. App. Div. LEXIS 11516 (N.Y. Ct. App. 1962).

Pincite

Opinion

Memorandum:

The finding, implicit in the jury’s verdict, that plaintiff was free from contributory negligence, is against the weight of the evidence. The circumstantial evidence by which plaintiff attempted [861]*861to prove that the traffic control light was green for traffic on Genesee Street (on which he was traveling) when he entered the intersection where the accident occurred, was insufficient to overbalance the testimony of defendant and a disinterested witness, each of whom testified that the traffic-control signal was red against Genesee Street traffic when plaintiff entered the intersection. (Appeal from judgment of Genesee Trial Term for plaintiff in an automobile negligence action. The order denied motion for a nonsuit, motion for a new trial, and motion for a directed verdict of no cause for action.) Present — Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.

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Memorandum:

The finding, implicit in the jury’s verdict, that plaintiff was free from contributory negligence, is against the weight of the evidence. The circumstantial evidence by which plaintiff attempted [861]*861to prove that the traffic control light was green for traffic on Genesee Street (on which he was traveling) when he entered the intersection where the accident occurred, was insufficient to overbalance the testimony of defendant and a disinterested witness, each of whom testified that the traffic-control signal was red against Genesee Street traffic when plaintiff entered the intersection. (Appeal from judgment of Genesee Trial Term for plaintiff in an automobile negligence action. The order denied motion for a nonsuit, motion for a new trial, and motion for a directed verdict of no cause for action.) Present — Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.

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Bluebook (online)

15 A.D.2d 860, 224 N.Y.S.2d 789, 1962 N.Y. App. Div. LEXIS 11516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gann-v-bancroft-nyappdiv-1962.